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JOSEPH WAYNE JONES, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent, THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION
This original pro se petition for a writ of mandamus appears to seek an order directing the district court to permit petitioner to withdraw his guilty plea because the State breached the agreement. We have reviewed the documents submitted in this matter, and without deciding upon the merits of any claims raised therein, we decline to exercise original jurisdiction in this matter. NRS 34.160; NRS 34.170; Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004). A challenge to the validity of the judgment of conviction must be raised in a postconviction petition for a writ of habeas corpus filed in the district court in the first instance. NRS 34.724(2)(b); NRS 34.738(1).
Petitioner does not allege that he previously sought and denied such relief. Accordingly, we
ORDER the petition DENIED.
Cadish, C.J.
Stiglich, J.
Herndon, J.
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Docket No: No. 88216
Decided: March 08, 2024
Court: Supreme Court of Nevada.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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